I Think I'm Falling
by scabbedangel
Summary: Jimmy decieds to try and take Joey away from Kim. This takes place after Bobby died and after Kim's accident.
1. Chapter 1

Disclaimer: I don't own Third watch or any of its character's.

* * *

Kim stood in front of the stairs looking at the paper Jimmy had given her. She couldn't believe that he was actually suing her for custody of Joey. The fact that he did this at work in front of everyone made it worse. She threw the papers at Jimmy and went upstairs. She wasn't too surprised when he followed her. She looked at him then at the floor. She hated him right now. Joey was the only reason she had left to get out of bed and start living her life again.

"Kim, I'm sorry, but I have to do this. I have to do what's best for Joey," Jimmy explained. Kim wasn't stable enough to take care of Joey. He didn't trust her with him anymore. Not after what she tried to do. She scared him when he found out what she did. He thought that he was going to lose her. He would have had a hard time explaining it to Joey if she really had killed herself. It was bad enough that he was the one that found her.

"Taking him away from isn't the best thing for him Jimmy. You had no problem with the arrangements before," Kim replied trying to keep her voice down. She just couldn't believe that he was really doing this. She loved Joey more than anything. Jimmy knew that. He didn't even know how to take care of a child. Joey wasn't better off with him.

"That was before you tried to kill yourself and Joey was the one that found you. How scared do you think he was Kim? How could you do something like that with Joey in the house? If you want to kill yourself so badly, that's fine. Just don't do it around Joey," Jimmy retorted. He looked up at Kim. He didn't mean to say that. He didn't want her to do anything like that again. He had to remember what Alex told him. He had to try and be sensitive and try to understand why she did it. But it was so hard. Kim has so many people that care about her. She should have talked to someone. She should have talked to her therapist.

"You can go to hell Jimmy. I won't let you take my son away from me," Kim yelled. She couldn't believe that Jimmy said that to her. She knew that what she did was both wrong and stupid, but that doesn't give him the right to take Joey away from her. She wouldn't let him.

"I didn't mean to say that Kim. You know that I care about you. I know you love Joey, but right now, you're not in the right mind to be taking care of him. Just think about what's best for Joey, not about what you want," Jimmy said softly. He hoped that she understood why he was doing this. He wasn't doing this to be a jerk or to hurt her. He just didn't want Joey to get hurt. He had to put Joey first. He knew that she'd understand why he was doing this later. He just hoped it wasn't too much later. He hated that he had to do this too her. He just didn't feel comfortable having Joey stay with her. He knew that he wasn't there for Joey that much, but now was his chance to do that and to get to know his son better. It was his chance to do the right thing.

"Like you really care about what's best for Joey. You barely came to see him. When it was your turn to have him, you usually cancel on him. What makes you think you can take better care of him?" Kim replied. She heard Jimmy sigh. She could tell that he was frustrated and so was she. She just couldn't let him win this one. She couldn't let him take her son away from her. Joey belonged with her. Jimmy wasn't responsible enough to take care of Joey. She didn't trust him with Joey.

"I do care about him. I know I haven't really shown it, but I'm going to start showing it. He's not just yours Kim. He's my son too," Jimmy said. He sighed again. He wanted to just leave with Joey and not tell anyone where they were, but he couldn't do that to Kim or Joey. It would be easier though.

"You're not taking my son," Kim yelled. She saw Jimmy shake his head, then go downstairs. He just walked away from her. He's never done that before. He'd usually argue with her for hours about the stupidest thing, but not when it came to their son. He just wanted to get it done and over with all the time. She looked at her locker and started to get changed for work. She hoped Jimmy wouldn't go through with this. She just couldn't lose Joey. He was all that she had left.

* * *

"What happened?" Alex asked. She knew that Kim didn't take it too well. Everyine could hear them from up there. Everyone thought that Jimmy was doing the right thing besides her. She knew that Kim was a little unstable right now, but she was getting better. She also looked a lot healthier. She was worried about Kim for a while. It looked like she hadn't been eating or sleeping. She knew that Kim loved Joey and that she wouldn't intentionally do something to hurt him. She just couldn't believe that Kim really tried to kill herself. She knew that Kim was upset about Bobby;s death. She just didn't think that Kim was that depressed.

"She's going to fight me on this. She needs to stop being so selfish. She needs to start thinking about what;s best for Joey rather than what she wants. She's too unstable to be taking care of him. I don't trust her withmy son," Jimmy answered. He looked at Alex. He could tell that she didn't agree with him. But her and Kim were good friends. He had to expect Alex to be on Kim's side.

"She's doing so much better though Jimmy. You and I both know that she isn't going to try anything like that again. She loves Joey too much. She would never hurt him on purpose. She loves him jimmy. She'd do anything for him," Alex said trying to reason with him. She knew that he wasn't going to budge on this, but it was worth a try. She didn't think that he was doing what was best for anyone, especially Joey and Kim. She knew that Jimmy wasn't responsible and that he probably didn't know how to take care of Joey. She always heard Kim talk about how Joey always came home sick when he stayed with Jimmy.

"No. I don't know she won't try it again. I don't need Joey to go through that again," Jimmy stated and walked away. He knew that he was doing the right thing. He wasn't going to listen to anyone try to talk him out of it. He looked back and saw that Alex was walking upstairs. That was typical.

* * *

Alex saw Kim sitting down by a window crying. She knew that this was hard on her. She felt so bad for her. She couldn't believe that Jimmy was going to do this. She just hoped that Kim would be okay. Alex walked over to her and sat down next to her.

"You okay?" Alex asked softly.

"He's trying to take away my son," Kim answered taking in shaky breaths.

"He's just doing what he thinks is best for Joey. I don't think that he'll really go through with it though. I think he'll realize he's just going to make things worse for Joey," Alex said.

"I know he thinks he's doing what's best for Joey, but he doesn't even know how to take care of Joey," Kim replied. She looked at Alex. She was so lucky to have a friend like her. She just hoped that Jimmy wouldn't go through with this.

TBC…


	2. Chapter Two

Kim was sitting at the table talking to Alex. She saw Jimmy walk in and left. Jimmy sat down next to Alex.

"What was that about?" Jimmy asked. He knew it had to do with him trying to get custody of Joey. But Kim had to understand that he was trying to do what was best for their son. He didn't trust Kim anymore. She was unstable. He was tired of everyone saying that she was getting better. Cause from what he saw, she wasn't. She looked like she was more depressed each day. He didn't need Joey around that. Joey had enough to deal with already.

"You know what that was about. You're trying to take away her son. She's getting help Jimmy. I don't know what your sudden interest in getting Joey back is, but I think it's low. Even for you," Alex retorted. She hated taking sides, but Jimmy was wrong. Kim was getting better. Joey was the one thing that kept her going. And Jimmy never had any interest in having Joey till now. She didn't know what his intentions were.

"You have no right to judge me like that. He's my son too. Kim screwed up. I trusted her to take care of Joey and then she tries to kill herself with him in the house. A stable person wouldn't do that. I really don't think she's getting better. She looks even more depressed each day. She looks like she hasn't eaten or slept in weeks. I just can't trust her with my son anymore," Jimmy replied. He shouldn't have to sit here and explain himself to Alex. Joey was his son and he had every right to have full custody of him.

"You can say what you want, but I still think you're wrong," Alex said. She got up and went upstairs to check on Kim.

"Hey Kim. How are you holding up?" Alex asked. She sat down next to Kim. She could tell she had been crying. She hated being in the middle of the drama between Jimmy and Kim. But that was the hazard of being both of their friends.

"I'm fine Alex. You don't have to worry about me," Kim replied. She sighed softly. She knew Alex was trying to help, but all she wanted was to be alone right now. She was so scared that she was going to lose Joey. She didn't know what she'd do without Joey.

"Did you ever think that Jimmy really is trying to do what's best for Joey? I'm not taking his side, but he's worried about what might happen. He doesn't want Joey to get hurt again. I know you don't believe that, and I don't know why I believe it. I just know that Jimmy wouldn't use his son to hurt you," Alex answered. She looked at Kim. She couldn't tell if she was mad or upset. Both of them weren't good.

"I don't know. I just feel like he's doing this to punish me for what I did. I know what I did was wrong. But do I really deserve to lose my son over that?" Kim asked. She still had trouble believing that Jimmy was trying to do what was best for Joey. Every time he showed interest in Joey was when he was mad at her. She didn't know if she could handle losing Joey. She had already lost Bobby.

"It just seems to me that Jimmy really is worried about Joey. I think he wants to be able to be a father to him. I know he hasn't been a good father to Joey in the past, but maybe he's changed. Maybe Joey would be better off with Jimmy for now. Just until you get better," Alex said. She hoped Kim didn't get mad at her for saying this. But she found herself more on Jimmy's side now that she had listened to what he said. And he was right. Kim did look worse. It did look like she wasn't sleeping or eating. She just hoped that all of this drama would be over with soon. She was tired of feeling like she was being a bad friend whenever she took the other's side.

"I still don't think Jimmy's responsible enough to take care of Joey," Kim said. She went back downstairs. She was tired of talking about this. She just wanted to be alone and clear her head. She wanted to forget about all of this. She walked outside and saw Jimmy standing next to the side of the building. She was about to turn around and go back inside, but he stopped her.

"Kim, we really need to talk. I hate us fighting. I know I hurt by doing this, but I want to make sure that Joey is safe. And right now I'm not so sure that he's safe with you. That last time he was with you, you tried to kill yourself. And I'm tired of you saying it was an accident. Because you and I both know it wasn't. No body accidentally downs a bottle of sleeping pills with red wine," Jimmy said. He looked at Kim silently, waiting for her to respond. He could tell he had hurt her by saying that, but they both knew it was the truth. He just wished she'd stop shutting him out and let him help her. He hated seeing her like this. And he knew she wasn't over Bobby's death. She wouldn't be for a while.

"I'm trying Jimmy. I really am. I just don't want to lose my son," Kim answered. She felt tears roll down her face. She didn't want Jimmy to see her cry. But she really didn't want to lose Joey. She was trying to get better. She really was. She got rid of all her alcohol and sleeping pills. She would never do anything like that again. At least she hoped she wouldn't. She just didn't know what to do. She felt like there was no other way to get rid of the pain. And losing Joey wouldn't help. It would only make things worse. Joey was the reason she was trying to get better. He was the reason she stopped drinking and the reason she got up in the morning. Things wouldn't be the same if he wasn't around her house. She was so used to taking care of him.

"I know you're trying. But you're still not there yet. Sometimes you look so down. Like you might try something stupid again. I'm scared that Joey will walk in on that again, but this time he'll lose you. I don't want him to go through that. I just want to make sure your better before Joey stays with you," Jimmy explained. He gently wiped away Kim's tears. He didn't want to do this to her. He kept wondering everyday if he was doing the right thing. He felt so bad. Like he might make her snap by doing this or something. But he had to think of what was best for Joey, not just what was best for Kim.

"Listen. Maybe we can drop the case. Just let me take Joey till you get better. You'll still get to see him. And you'll still have custody of him. He just won't be staying with you until you get better," Jimmy said. He really hoped she'd go for this. This was the best he could do. This was the only thing he could think of to do what was best for both Joey and Kim.

"Okay," Kim said. She didn't like it. But she knew that was the best Jimmy would do. She knew he wouldn't drop the case unless she let Joey stay with him until she was better. She just hoped that it'd be soon.

TBC…


End file.
